Real estate title disputes can sometimes arise when questions about ownership or property rights are unclear. It is often possible to resolve these disputes through negotiation, mediation or other alternative dispute resolution methods.
However, there are instances when these approaches no longer work and litigation becomes necessary.
Competing claims of ownership
If multiple parties claim ownership of the same property and cannot reach an agreement, court intervention is often the only option. Disagreements over the validity of a deed, such as allegations of forgery or fraud, also may require litigation. When someone challenges the legitimacy of a deed and both sides refuse to settle through mediation, a judge must step in to resolve the issue.
Boundary disputes
When two neighboring property owners dispute the exact boundary line between their properties, it can be difficult to reach a compromise. In these situations, the court will need to determine the boundary. This often happens when existing surveys conflict or when the physical boundaries differ from what the legal documents show.
Unclear titles
During the sale of a property, it may come to light that the title is not clear. If there are hidden liens or claims on the property, litigation may be necessary to clear the title. This is especially common when the seller refuses to address or resolve the issues identified in a title search.
Mediation and negotiation are often the most preferable ways to settle a title dispute. In high-stakes or high-contention scenarios, though, a legal ruling may be the only way to resolve the issue.